People v. Guilford

The defendant was convicted of driving while intoxicated, as a felony, in violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law.

There was ample evidence to justify a finding of “ guilty ” by the jury, but errors that occurred during the trial require reversal and a new trial.

The section in question provides that whoever operates a motor vehicle in an intoxicated condition “ after having been convicted of operating a motor vehicle * * # while in an intoxicated condition shall be guilty of a felony ”.

At an arraignment during the trial, in the absence of the jury, and in…